In the past, while it has been possible to find exact copies of images or text in hard copy or electronic documents using computerized systems, it has not been possible to find copies of similar images or text where there have been significant differences in format or configuration. For example, it has not been possible to start with a drawing to find similar or different drawings, start with a text description of a drawing to find similar or different drawings, start with a drawing to find similar or different text descriptions, or start with a text description of a drawing to find similar or different text descriptions.
An illustration of where a system with such capabilities would be desirable is evident in both domestic and foreign patent law practice. Since the founding of various patent offices, highly skilled patent examiners, patent practice attorneys, and patent agents had to go through a time consuming process of visually studying patents, patent applications, and other technical documents as part of their job. Often, extensive visual comparisons had to be made along with complex interpretations of text.
Recently, this time consuming process has been expedited by developing computerized word searches where word strings or individual words are located in various documents. However, even with this procedure, the number of documents which still must be individually reviewed for visual, textual, and technical similarity is huge.
Although there are a number of different functions that need to be performed, there are generally six functions in which some type of visual image and text comparison mechanism has long been desired. These functions are: patent design around; validity/prior art search; response to office action; infringement determination; patent drafting; and clearance search.
In patent design around, a particular design is duplicated using expired, abandoned, or unenforced patents or other prior art which permits the avoidance of the patent claims. This is usually done when there is a troublesome patent and a product is in an early stage of design where changes can easily be implemented.
In a validity/prior art search, the claims of a patent or patent application are used to find prior art earlier than a specific statutory period which would invalidate the claims. This is generally done in the patent office when rejecting patent application claims and by patent attorneys when seeking to invalidate a patent which is involved in litigation.
In a response to office action, the claims in a patent application are compared to the references cited by a patent examiner to determine differences between the claims and the cited prior art so the patent application claims can be distinguished, modified, or abandoned.
In infringement determinations, the patent claims are read on a device to determine whether infringement exists. In some cases, the device is described by many drawings and/or many components which make it difficult to tell whether or not the patent claims read directly on the device. Due to the complexity of a device with many drawings involved, it is highly desirable to be able to tell quickly and easily when the patent claims read on the device and thus when infringement actually exists.
In patent drafting, there are usually drawings of an invention and it would be desirable to find similar patents or patent applications from which images or text could be imported to create a new patent application. Generally, this tends to be the most complex of tasks, and often the value of the patent is only determined by the degree of expertise of the patent attorney or patent agent involved in drafting the patent application.
In a clearance search, the drawings of a new device or manufacturing method are used to find patents which claims the device will potentially infringe. Generally, this is done for a client who wishes to make sure there will be no patent infringement by a new product or process it wishes to make, use, or sell. It is probably the most time consuming, and thus most expensive, function which can be performed because it requires the claims of many patents to be interpreted carefully against the product or process.
While there have been a long sought need over hundreds of years and considerable investment in trying to improve the above system and provide the above functions, no comprehensive solution has appeared. This is despite the high degree of skill and technology which has been applied to the various problems presented.